Court Date Received!!!!!!!!!!!!QUICK POINTS TO CLEAR UP PLEASE?!

[dancingjohn]

My claim against Abbey is for £2400 plus interest plus costs.

 

My AQ was submitted 2 weeks ago yet Abbey still hadn't filed by Good

Friday which was their deadline.

 

I phoned the Court this Monday (16th April) who told me Abbey STILL had not filed their AQ and the Judge would make his decision and write to me.

 

The Judge seems to have ignored the fact they have not submitted their AQ but followed the Draft Directions I sent him.

 

"District judge BlahBlah has allocated the claim to the small claims track"

each party shall deliver to all parties all documents he intends to rely on at the hearing , no later than 14 days before the hearing ,

hearing is scheduled for May 29th.

 

This means I have until the 15th of May to lodge my Court Bundle with the Court and with Abbey.

 

IS THIS CORRECT? WHAT HAS HAPPENED RE ABBEY's AQ? SHOULD I JUST CARRY ON AND SUBMIT MY BUNDLE AT THE LATEST DATE AS I PLAN TO?

[philread1]

Hello dancingjohn

 

There's no need to panic, you've done well so far!

 

Just follow the directions set out by the Judge, as you said in your last post, its just a matter of getting your Court Bundle sorted out, and get copies out to the court & the shABBEY making sure they receive them before the 15th May. As an extra precaution to make sure they both received them, I sent my Bundles off using Special Delivery, it cost me nearly £8 per bundle, but I claimed that back from the shABBEY!!!!

 

Expect a call soon from the shABBEY, though, wanting to negotiate a settlement. Get a list of your costs together just in case, so you can ask for them back as well. I claimed Court Fee(£250), AQ fee(£100), Prep Costs(40hrs @ £9.25/hr), Ink, Paper & Post Costs - £88 !!!!!

 

Don't settle for anything less than a full settlement, they'll try to get the costs down by baffling you with mathematical rubbish, but stand firm and be nice with them, and you'll be fine!

 

Phil:)

[dancingjohn]

Nice on Phil - sounds good. Yeah I'm winning on the Court Bundle just about I think - it's coming along. I didn't realise I could charge for preparation time too. Excellent - I should imagine mine will work out at about 40 hours preparation too - is there any 'standard' for this? How do you come up with the £9.25 figure - is that a 'Shabbey' figure? Heh heh!

 

MANY THANKS, JUST NEED TO KEEP GOING. DONATION TO CAG ON VICTORY DAY.

[dancingjohn]

Just another quick question. Abbey do not have my contact details ie email e/ mobil number.

 

I was advised giving these out before. IS NOW A GOOD TIME TO

PASS THESE ON TO ABBEY? Perhaps in a without prejudice letter asking them to make me an offer?

 

Plus any more tips about getting Abbey to make me a decent offer - ie

with up to date costs , expenses etc.

 

ANY ADVICE ON THIS PLEASE!!!!!

[sparkydawg]

Looks like me,you and jamesmum are all at same stage. Did you receive a timescale for the hearing???. mine was 15 mins

[dancingjohn]

Alright dawg - timescale for the hearing was an hour - but I think

the Judge basically just cpoied this from my Draft Order.

 

Any suggestions for the above? Ie how to go about

a Without Prejudice suggested offer letter to Shabbey.

 

MANY THANKS AND GOOD LUCK TOO

[philread1]

Hello dancingjohn

 

I sent an email to the legal bods at the shABBEY, to see if they wanted to settle my claim before it got to the court hearing. I told them in it that I was'nt prepared to settle for anything less than the full amount of the claim plus costs! About a week or 10 days later, out of the blue, I received a call from one of them wanting to negotiate a settlement! In the email I gave them my email address, home phone no., and mobile no.

 

I put 'Without Prejudice' at the top of the email.

 

Don't seem too keen to want to settle with them, I'd you have plenty of time yet, sending it towards the back end of next week should be fine!

 

When you go to court, you would normally ask the Judge to take into account the time you've spent on a claim and ask them to award it, and usually only on claims that are either fast or multi track. As your case will not be going to court, that can form part of your negotiation with the shABBEY when they come crawling! If you don't ask you don't get! A lot of people have been asking for it now, I don't know where the £9.25 per hour has come from, but that is the figure everyone seems to go by!

 

Hope this helps!

Phil:)

[sparkydawg]

Yeah that seems a good idea. You could send it to them along with your bundle. I Think thats what i will do but will wait a bit as my court date not till start of june. As for the cost, i think the £9.25 has become standard as thats what other people have claimed and received. You could always quote some claim numbers that have been settled to back this point up. Just have to search through the site for these:(

[sparkydawg]

Lol note the spelling mistake in my edit. hehe. typical!!

[j.barton1]

Hi, The 9.25 is what the cpr says you can claim as a litigate in person (cpr48)

Hope it goes well,

Jenny

[dancingjohn]

Thanks again for all this info folks! I can almost smell the colour of MY money!

 

I'm going to get my bundle prepared in full and then send a Without Prejudice

letter for a full settlement!

 

GOOD LUCK EVERYONE, DONATION TO FOLLOW

[FOXYLADY1970]

hi people i have heard from court today that said my case is going fast track what does that mean abbey also didnt send in their AQ and I have been told directions are being done at the moment so should receive them this week

 

Any advise on what to do now would be great I am starting to get together my court bundle ect

[philread1]

Hello Foxy

 

I'd hang fire for the moment, just sit tight and wait to hear from the court!

 

Let us know what they send to you and what the Judge says.

Phil:)

[dancingjohn]

Hi,

 

Just to clarify a brief point as I'm preparing my Court Bundle.

 

I have a Statement of Evidence included. What exactly is the Case Summary - is this a separate overview of my claim or is it another term

fort the same document?

 

Sorry if this is datft but I'm very nearly there with everything and want to have my bundle 100% spot on.

 

NO SLIPS THEN EH MR.ABBEY!!!

[Michael Browne]

See here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

The Statement of Evidence effectively includes everything in a Case Summary, so you don't really need both

[Karne]

Have they asked for a statement of evidence and a case summary in the directions ?? If not there is no need, just the bundle will suffice.

 

For examples tho there is a sticky at the top of the abbey forum called witness statements etc. which might help a little. Statement of evidence can be found in the general forum under a sticky call Draft Orders for AQ (I think somehting like that anyway) I'll get a couple links for you now

 

 

edit: cool Micheal the nimble fingers found it for me

[dancingjohn]

Thank you again chaps - doubtless i'll have some more questions as the day nears.

 

DONATION TO FOLLOW SOON WITH VICTORY!

[dancingjohn]

Has anyone got a link to the relevant (settled?) case numbers for Abbey

and where should i include these ie - should I mention it in the Court Bundle and where abouts.

 

THANKS EVERYONE, NEARLY THERE NOW!